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Tag Archives: law

Hull on Estates #374 – Removing estate trustees

Posted in Hull on Estates, Hull on Estates, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes
Listen to Hull on Estates #374 – Removing estate trustees Today on Hull on Estates, Jonathon Kappy and Stuart Clark discuss removing estate trustees, and reference the recent 2013 case, Hawkins v. Hawkins Estate. If you have any questions, please email us at hull.lawyers@gmail.com, or leave a comment on our blog page. Click here for … Continue Reading

Hull on Estates #373 – Retainer agreements

Posted in Hull on Estates, Hull on Estates, PODCASTS / AUDIO, PODCASTS / TRANSCRIBED, Show Notes
Listen to Hull on Estates #373 – Retainer agreements Today on Hull on Estates, Noah Weisberg and special guest, Jordan Atin, discuss retainer agreements. If you have any questions, please email us at hull.lawyers@gmail.com, or leave a comment on our blog page. Click here for more information on Noah Weisberg. Click here for more information … Continue Reading

Hull on Estates #347 – Application or Action?

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #347 – Application or Action? Today on Hull on Estates, Moira Visoiu and Jonathon Kappy discuss when an application should be converted to an action. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page. Click here for more information on … Continue Reading

Hull on Estates #346 – Stepping Down as an Estate Trustee

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes, Trustees
Listen to: Hull on Estates Episode #346 – Stepping Down as an Estate Trustee Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the resignation, retirement and renunciation of executors and trustees. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page. Click here for … Continue Reading

Ruling on the Issue of Three Parents

Posted in Litigation
In the case of H. v. R., R is the biological father of a child conceived with a lesbian friend, and H is R’s former same-sex partner. R and H’s relationship ended in 2006, when the child was three years old, and there were unfortunately no written arrangements in place with respect to H’s role … Continue Reading

Hull on Estates #340 – Family Law in Trusts and Estate Law

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #340 – Family Law in Trusts and Estate Law Today on Hull on Estates, David Smith and Stuart Clark discuss family law in trusts and estates litigation. If you have any questions, please e-mail us at hull.lawyers@gmail.com or leave a comment on our blog page. Click here for more … Continue Reading

Hull on Estates #337 – Bankrupt Estates

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #337 – Bankrupt Estates Today on Hull on Estates, Holly LeValliant and Natalia Angelini discuss what happens to a home held in joint-tenancy when, after death, the deceased individual’s estate is pushed into bankruptcy. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on … Continue Reading

Another Battle for End of Life Decision-Making

Posted in Litigation
Many estate practitioners are familiar with the Rasouli case, which we have blogged and podcasted on in the past.   In that case, the Ontario Court of Appeal upheld a decision of the Superior Court of Justice that doctors must get approval from the Consent and Capacity Board in circumstances where their decision to withdraw life-support treatment … Continue Reading

Hull on Estates #327 – Tips for Young Advocates

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates #327 – Tips for Young Advocates Today on Hull on Estates, Paul Trudelle and Jonathon Kappy discuss a recent article in the March 2013 issue of The Advocates’ Journal titled “Judges’ Tips for Young Advocates” by Gillian Kerr. If you have any questions, please e-mail us at hull.lawyers@gmail.com or leave … Continue Reading

Hull on Estates Episode #325 – Top Cases of 2012

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
 Listen to: Hull on Estates #325 – Top Cases of 2012 Today on Hull on Estates, Stuart Clark and Natalia Angelini discuss two of the most interesting cases of 2012 – Rasouli v. Sunnybrook Health Services Centre and another case dealing with proprietary estoppel. If you have any questions, please email us at hull.lawyers@gmail.com or … Continue Reading

Campaign to Curb Wandering

Posted in In the News
With the growing population of older Canadians we also face increasing numbers of people with dementia, and with that families who are likely anxious of the risks of their loved ones going missing. I can appreciate how scary this must be, and given the statistics – three out of five people suffering from dementia go missing – … Continue Reading

The Unhappy 21st Birthday

Posted in Estate & Trust
As a recent article in The Lawyers Weekly (March 15, 2013 issue) reminds us, the 21-year rule operates by deeming a trust to have sold its property on the day that is 21 years after the trust’s creation, and every 21 years thereafter, at a price equal to fair market value. The trust is then deemed … Continue Reading

Secret Trusts

Posted in Estate & Trust
Where a person wishes to make a gift by will but keep the recipient and the nature of the gift away from public scrutiny, the testator could leave such a gift to a third party to hold on a secret trust for a beneficiary.   The essentials of a secret trust created by equitable principles … Continue Reading

Taking a chance on your inheritance

Posted in In the News
I am obsessed with mastering Parchesi (great board game that I highly recommend to those of you who still play!).  I play weekly, and I can’t even fathom risking something more than my next move on a roll of the dice, which is why the real-life story of a man who thought up having his … Continue Reading

Taxation of Trusts and Estates

Posted in Estate & Trust
As part of Canada Revenue Agency’s increased focus on tax compliance for trusts and estates, in the last couple of years it has made the following additions to its compliance program: ·                     Ontario Region Trust and Estates Coordinator – the person in this position is tasked with, among other things, coordinating and prioritizing the estates … Continue Reading

Attorneyship Accounting With a Capable Grantor

Posted in Power of Attorney
There has been much written on the accounting duties of attorneys, and several cases address the issue. One such case may be helpful to those attorneys who find themselves being called to account by third parties notwithstanding that the grantor of the power of attorney is mentally capable and has not requested any accounting.  In Koperniak … Continue Reading

Hull on Estates #315 – New Year’s Resolutions for the Legal Practitioner

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #315 – New Year’s Resolutions for the Legal Practitioner Today on Hull on Estates David Smith and Moira Visoiu discuss New Year’s resolutions for legal practitioners. Specifically, they mention the December 2012 issue of LAWPRO Magazine. A few of the best practices mentioned include the use of checklists and … Continue Reading

Hull on Estates Episode #311 – Beneficiary Designations When a Will Is Revoked

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
 Listen to: Hull on Estates Episode #311 – Beneficiary Designations When a Will Is Revoked    This week on Hull on Estates, Paul Trudelle and Holly LeValliant discuss beneficiary designations when a will is revoked. More specifically, they discuss a recent decision made by the Ontario Superior Court of Justice: Petch v. Kuivila, 2012 ONSC … Continue Reading

Hull on Estates #310 – Guardianship and Capacity Issues

Posted in Capacity, Guardianship, Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #310 – Guardianship and Capacity Issues  Today on Hull on Estates, David Morgan Smith and Nadia Harasymowycz discuss guardianship and capacity issues in circumstances where incapacity is a distinct possibility, but not currently the case. If you have any questions, please e-mail us at hull.lawyers@gmail.com or leave a comment on … Continue Reading

Adjusting Compensation

Posted in Passing of Accounts
Suzana Popovic-Montag presented an excellent paper on accounts at the October 18, 2012 Hull & Hull LLP Breakfast Series, and I made special note of her comments on adjusting compensation awarded.  Some occasions that adjustments are appropriate are: ·                     increase – when a care and management fee is charged on an annual basis (usually 2/5 … Continue Reading

Due Execution of Wills

Posted in Estate Planning
The legislation in Ontario requires that (aside from a Holograph Will or a Will of a member of the Canadian Forces on active service) a Will must be signed at its end by the testator or by some other person in his/her presence and by his/her direction, the signature must be made in the presence … Continue Reading

Who Gets the House?

Posted in Estate Planning
The traditional manner of distribution looks like this – a couple owns their home together as joint tenants, such that when one parent dies it goes to the other spouse by right of survivorship.  When the remaining parent dies, all that wealth goes to the kids. Entering into a second marriage can put this natural … Continue Reading
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